The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

The use of sampling in respect of Parts 3, 4 and 5 of these Regulations

57.—(1) The TRA may use sampling in relation to an investigation in accordance with this regulation to determine—

(a) whether imports of the goods concerned into the United Kingdom are subsidised;

(b) whether the dumped goods or subsidised imports, as the case may be, have caused or are causing injury to a UK industry; or

(c) the amount necessary to remove the injury.

(2) The TRA may, where it considers it appropriate to do so, limit its examination under Parts 3, 4 and 5 of these Regulations to a sample of—

(a) importers;

(b) overseas exporters;

(c) categories of goods;

(d) UK producers;

(e) transactions for the purchase of the like goods in the United Kingdom; or

(f) anything else the TRA considers it appropriate to sample in order to make its determination.

(3) Where the TRA limits its examination in accordance with this regulation it may use any reasonable method to determine the sample.

(4) An overseas exporter who is not included in a sample in accordance with this regulation may request that the TRA calculate an individual anti-dumping amount or countervailing amount provided that the overseas exporter has supplied the necessary information in time for that information to be considered during the course of the investigation.

(5) Where an overseas exporter makes a request in accordance with paragraph (4), the TRA must accept the request and calculate an individual anti-dumping amount or countervailing amount unless the number of exporters is so large that individual examinations are unduly burdensome and would prevent the timely completion of the investigation.